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Upcoming webinars: freezing orders, class actions and contracts
Over the next few weeks we will be delivering a number of disputes-related webinars for Herbert Smith Freehills clients and contacts, including …
CJEU confirms validity of jurisdiction clauses agreed electronically by "click-wrapping"
In a very recent decision, the Court of Justice of the EU has clarified the requirement under the Brussels Regulation for a jurisdiction agreement to be …
French Supreme Court refuses to apply a unilateral jurisdiction clause
In a recent decision, the French Supreme Court (Cour de cassation) has again refused to apply a unilateral jurisdiction clause. A unilateral jurisdiction …
High Court strikes out warranty claim due to shortcomings in claim notice
The High Court has held that a notice delivered by a purchaser under a sale and purchase agreement did not meet the contractual requirements of a claim …
Court of Appeal considers conflicting jurisdiction clauses in insurance service agreements
In the recent case of Trust Risk Group SPA v AmTrust Europe Ltd [2015] EWCA Civ 437 the Court of Appeal held that there was a good arguable case that the …
Good faith principles applied to question of whether innocent party could keep contract alive following repudiatory breach
The High Court has held that a party was not entitled to keep a contract alive indefinitely for the purpose of claiming ongoing liquidated damages for …
An unsigned agreement can still bind the parties
The Commercial Court has ruled that a party had accepted the terms of an agreement by its conduct, even though it had not signed the agreement and the …
No implied obligation on company's controller personally to ensure company's compliance with its contractual obligations
The Commercial Court has held that a shareholders' agreement did not contain an implied term which would have rendered the company's controller …
High Court implies duty of honesty and integrity into vehicle recovery contract
In a recent decision, the High Court has implied a duty of "honesty and integrity" into a vehicle recovery contract: D&G Cars Ltd v Essex Police …
Settlement held to release further phone hacking claims that were not known about at the time
The High Court has struck out claims for phone hacking on the basis that they were compromised by settlement agreements previously agreed between the …
Contractual entitlement to "reasonable access" to documents was not subject to requirement to justify request for access
The High Court has granted a seller's application to inspect certain documents of its former subsidiaries pursuant to a contractual term …
Inconsistent dispute resolution clauses – Commercial Court emphasises presumption of “one-stop adjudication”
The Commercial Court has found that an arbitration clause in a consultancy agreement was superseded by an exclusive English jurisdiction clause in a …
Showing 300 out of 364 results
View moreKey contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London